A Road Hazard Auto Accident question

nn2000

Senior member
May 9, 2003
227
0
71
I hit a rod in a target parking lot at 12am at night. The front bumper is damaged. I think the cleaning crew there should put a warning sign. I called police but they didn’t help when the other party refused to give insurance info. The police said its private property and it was midnight, and I was responsible to make sure the way was clear. Are they right?

https://postimg.org/gallery/33yj78dz0/
 

Skunk-Works

Senior member
Jun 29, 2016
983
328
91
I'd take that shit to court. They are clearly at fault for not placing some traffic cones or something there.
 
Reactions: nn2000

Red Squirrel

No Lifer
May 24, 2003
69,649
13,292
126
www.betteroff.ca
I think technically the cops are right. But you can do the American Thing(TM) and sue Target. Though given they were closed (I assume at that time) then you were technically trespassing, so they could easily just counter sue. Logically I think they should be in the wrong though, but legally, they probably arn't.

I'm not a lawyer so I could be wrong though.
 

Skunk-Works

Senior member
Jun 29, 2016
983
328
91
I think technically the cops are right. But you can do the American Thing(TM) and sue Target. Though given they were closed (I assume at that time) then you were technically trespassing, so they could easily just counter sue. Logically I think they should be in the wrong though, but legally, they probably arn't.

I'm not a lawyer so I could be wrong though.


Nuh, get a good enough lawyer and he'll have his fender bender paid off with enough for a nice vaca in the Cayman islands.
 

GagHalfrunt

Lifer
Apr 19, 2001
25,284
1,997
126
Nuh, get a good enough lawyer and he'll have his fender bender paid off with enough for a nice vaca in the Cayman islands.

All a good lawyer is going to do is cost more when he loses. You might try not getting a lawyer at all and going to small claims court. If they don't show up you'll win by default. It is private property and if the store was closed you're trespassing. So there's not much point in trying to sue unless you hope they'll settle for a small amount rather than fighting it.
 

nn2000

Senior member
May 9, 2003
227
0
71
All a good lawyer is going to do is cost more when he loses. You might try not getting a lawyer at all and going to small claims court. If they don't show up you'll win by default. It is private property and if the store was closed you're trespassing. So there's not much point in trying to sue unless you hope they'll settle for a small amount rather than fighting it.
I think I will try small claims court. Does it matter if the target store owns the land or leases it?
Send a demand letter or file a claim so they can put traffic cones or warning signs there next time. The settlement amount if any would be tiny given the damage condition. My time that I need to spend on is what valuable to me.
 

nn2000

Senior member
May 9, 2003
227
0
71
The target store closed about 90 minutes ago before the incident. If my reason is I lost a target gift card, or my wallet in the parking lot and I came back to retrieve it, is it still consider trespassing? The walmart store one mile away is 24 hours, so not everyone knows the target store is not.If someone go to the target store late to check out the business hours, is it trespassing?
 

Drako

Lifer
Jun 9, 2007
10,697
161
106
Is Target even open at midnight?

Nevermind, I read your explanation.
 

Paladin3

Diamond Member
Mar 5, 2004
4,933
878
126
Target likely has everything stupid you did to hit that "rod" on video from their multitude of cameras covering the parking lot 24/7. So think twice before you continue trying to concoct a story that makes them responsible for whatever stupid shit you did to damage your car.
 

sactoking

Diamond Member
Sep 24, 2007
7,622
2,880
136
First off you weren't trespassing if the parking lot wasn't labeled as closed.

Second the rod would likely be considered an open and obvious hazard meaning you can't blame someone else for running into something you clearly should have seen.

You could try to make a case that whoever left the rod there was negligent in not coning it off. You could also claim that the property owner was negligent for having insufficient lighting. In many states that won't get you anywhere. In many cases of you are 51% or more at fault you can't collect from any other at fault parties. You'd have to live in a pure contributory liability state to have a shot at getting anything.
 

Jerem

Senior member
May 25, 2014
303
38
91
Sidewalk cleaning or whatever doesn't look like it is owned by Target. Contact cleaning company and go from there.
 

Jerem

Senior member
May 25, 2014
303
38
91
Now I'm wondering what they were washing over there. Shopping carts maybe.
 

KeithP

Diamond Member
Jun 15, 2000
5,664
200
106
Sidewalk cleaning or whatever doesn't look like it is owned by Target. Contact cleaning company and go from there.

Yes, looking at the pictures it appears there are multiple businesses at that location. Other than being the anchor, is there any other reason you are focusing on Target? I would think whoever owns the property has a cleaning/maintenance crew come in. The landlord and the cleaning company would have to be the target…so to speak.

You might want to go back to the property and see if there are any signs near the parking lot entrances saying anything about being around after hours, etc.

Personally, in that situation (crew working, plate on ground) even not seeing the obstruction sticking up, I would have steered clear of it. I don't think you are going to have much luck but if you have time to kill…

-KeithP
 

Paladin3

Diamond Member
Mar 5, 2004
4,933
878
126
First off you weren't trespassing if the parking lot wasn't labeled as closed.

I don't know anything about this particular parking lot, but it's hard to find one that doesn't have tow warning signs announcing use of the parking lot is only granted while conducting business at the store, which was closed.

OP is reaching, and we shouldn't be helping him with what sounds like a frivolous lawsuit, IMHO.
 

nn2000

Senior member
May 9, 2003
227
0
71
Yes, looking at the pictures it appears there are multiple businesses at that location. Other than being the anchor, is there any other reason you are focusing on Target? I would think whoever owns the property has a cleaning/maintenance crew come in. The landlord and the cleaning company would have to be the target…so to speak.

You might want to go back to the property and see if there are any signs near the parking lot entrances saying anything about being around after hours, etc.

Personally, in that situation (crew working, plate on ground) even not seeing the obstruction sticking up, I would have steered clear of it. I don't think you are going to have much luck but if you have time to kill…

-KeithP
When I asked him, the cleanser said target asked them to come over and clean the floor. The location is here https://goo.gl/maps/7YajUcJUHhM2 . The walmart store nearby used to be 24 hours, but now closes at 12am. The target store sometimes closes at 11pm, sometimes 12am.
 

nn2000

Senior member
May 9, 2003
227
0
71
First off you weren't trespassing if the parking lot wasn't labeled as closed.

Second the rod would likely be considered an open and obvious hazard meaning you can't blame someone else for running into something you clearly should have seen.

You could try to make a case that whoever left the rod there was negligent in not coning it off. You could also claim that the property owner was negligent for having insufficient lighting. In many states that won't get you anywhere. In many cases of you are 51% or more at fault you can't collect from any other at fault parties. You'd have to live in a pure contributory liability state to have a shot at getting anything.

The rod in the picture is obvious I think. The one I hit was actually another one which was a few feet away in tree shade. I think I am going to contact target first, if they agree to fix the bumper and demand the cleaning company to add traffic cones and add warning signs, then likely I won't take it to the court. The cleaning company stuff was so arrogant, that's the other reason I decided to take the advice from Skunk-Works. Though it would take a while for me to do it as I am going to be out of town for month. California law Statute of Limitations is 2-3 years.
 
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